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10. Resolution 5209 - Final Plat - Westbrook Subdivision
City of Kalispell Planning Department 17 - 2nd Street East, Suite 211, Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751-1.558 Wehsite: kalispellplanning.com REPORT TO: Kalispell Mayor and City Council FROM: Nicole C . Johnson, Planner II James H. Patrick, City Manager SUBJECT: Final Plat Approval for the Amended Plat of Lot 2, Westbrook Subdivision MEETING HATE: June 4, 2007 BACKGROUND: Our office received an application for final plat approval from Jackola Engineering on behalf of Genesis Developments, LLC for a two lot commercial subdivision on the northwest corner of US Highway 2 West and North Meridian Road. The site is approximately 4.1 S8 acres in size and contains Westbrook Square, a commercial retail center, and Exxon gas station. China Town Restaurant and the Sears appliance shop are other examples of businesses located there. The property can be legally described as Lot 2 of the Westbrook subdivision located in the East '/2 of the South East I -A of Section 12, Township 28 North, Range 22 west, PMM, Flathead County, Montana. Our office found that the proposed subdivision met the preliminary plat waiver criteria as provided for under section 2.08 of the Kalispell Subdivision Regulations and waived this requirement on April 24, 2007 attaching five conditions of approval. The property contains two existing, partially attached, buildings and the owner intends to sell one or both of the lots. The property is zoned B-2, General Business, which is intended to provide for retail sales and service functions and the existing businesses are permitted uses pursuant to section 27.14.020 of the Kalispell Zoning ordinance. However, due to the location of the proposed property line and its proximity to the two partially attached buildings, modifications to the structures are necessary to meet fire safety standards and comply with building codes. A minor deviation from the B-2, General Business, zoning district setback requirements is also part of the request for this final plat approval and is discussed in the attached Staff Report #KWP-07-02. In essence, staff felt that because the existing buildings currently meet fire and building codes and merely the addition of a property line would create a noncompliance situation, the deviation was thought to be minor and acceptable, provided that building and fire code issues were addressed. The applicant has addressed these issues, coordinated with the appropriate city departments and has adequately bonded for the improvements via a subdivision Improvement Agreement (SIA). Page 2 The following modifications to the buildings and site are proposed and bonded for: the facade between the two buildings will be removed, * a one -hour fire wall will be installed between the two buildings and • the existing detached sign located along the southern property boundary will be removed and relocated on Lot A to ensure only one commercial sign is on each new lot. The proposed subdivision substantially complies with the standards for the B-2 zoning district given that the conditions outlined above are met. Findings of fact for approval of the subdivision can be found in attached staff report KwP-07-02 which reviews the project and details how the conditions of approval have been met. RECONIIMIENDATION: A motion to adopt the findings of fact in the staff report KwP-07-02, approve the resolution to create the two lot subdivision, and accept the SIA would be in order. FISCAL EFFECTSe. Potentially minor positive effects. ALTERNATIVES, As suggested by the city council. Respectfully submitted, Nicole C. Johnson James H. WPatricl� Planner II City Manager Report compiled: May 30, 2007 c: Theresa white, Kalispell City Clerk attachments: 'Transmittal letter and application Staff report KWP-07-02 E RESOLUTION NO. 5209 A RESOLUTION APPROVING THE FINAL PLAT AND SUBDIVISION IMPROVEMENT AGREEMENT OF THE AMENDED PLAT OF LOT 2 OF THE WESTBROOK SUBDIVISION, LOCATED IN THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 12, TOWNSHIP 28 NORTH, RANGE 22 WEST, P.M.M., FLATHEAD COUNTY, MONTANA, WHEREAS, Genesis Developments, LLC, the owner of certain real property described above, has petitioned for approval of the final Subdivision Plat of said property, and WHEREAS, preliminary plat approval for this minor subdivision was waived on April 24, 2007, by the Kalispell Planning Department according to Section 2.06 of the Kalispell Subdivision Regulations subject to five (5) conditions, all of which have been met, and WHEREAS, the proposed subdivision plat of said property is subject to the provisions of Section 2.06 (Preliminary Plat Process -Minor Subdivision --Preliminary Plat Waiver), Subdivision Regulations of the City of Kalispell, and WHEREAS, the Kalispell Planning Department has reviewed the proposed subdivision and made a report (KWP-07-2) to the City Council of the City of Kalispell, said report considering the criteria set forth in Section 76-3-608 MCA, and recommends final plat approval of said subdivision. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA AS FOLLOWS: SECTION 1. That the Findings of Fact contained in Kalispell Planning Department. Report #KWP- 07-2 are hereby adopted as the Findings of Fact of the City Council. SECTION II. That the application of Genesis Developments, LLC for final plat approval of the Amended Plat of Lot 2 of the Westbrook Subdivision in Section 12, Flathead County, Montana, is hereby approved. SECTION III. That the subdivision improvement agreement between the City of Kalispell and Genesis Developments, LLC is hereby approved. SECTION IV. The classification of said premises under the Kalispell Zoning ordinance shall not be changed by the action. SECTION V. That upon proper review and filing of the final plat of said subdivision in the office of the Flathead County Clerk and Recorder, said premises shall be a subdivision of the City of Kalispell. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AND SIGNED BY THE MAYOR THIS 4TH DAY OF JUNE, 2007. ATTEST: Theresa White City Clerk Pamela B . Kennedy Mayor Return to: Theresa White Kalispell City Clerk P.O. Box 1997 Kalispell, MT 59903 APPENDIX E SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this 7th day of May , 20 077 , by and between the CITY COUNCIL, CITY OF KALISPELL, MONTANA, Party of the First Part and hereinafter referred to as the CITY, and Genesis Developments, LLC , (Name of Developer) a Corn an (Individual, Company or Corporation) located at P.O. Box 458 Somers MT 59932 , (Street Address/P. O. Box) (City, County, State, .dip) Party of the Second Part and hereinafter referred to as DEVELOPER. WITNESSETH: THAT WHEREAS, the Developer is the owner and developer of a new subdivision known as Amended Plat of Lot 2 of Westbrook Subdivision (Name of Subdivision) located at Kalispell, Montana (Location of Subdivision) and, WHEREAS, the City has conditioned it's approval of the final plat of Amended Plat of Lot 2 of Westbrook Subdivision , upon the conditions as set forth (Name of Subdivision) in the Preliminary Plat of the Subdivision being completed and all improvements, as cited in "Exhibit A" have not been completed at this time, and the Developer wishes to bond for the completion of those improvements set forth in "Exhibit A"; and WHEREAS, the City's Subdivision Regulations require that a subdivider shall provide a financial security of 125% of the estimated total cost of construction of said improvements as evidenced by an estimate prepared by a licensed public engineer included herewith as "Exhibit B"; and WHEREAS, the estimated total cost of construction of said improvements is the sum of $_ 29,91 t .68 NOW THEREFORE, in consideration of the approval of the final plat of said Subdivision by the City, the Developer hereby agrees as follows: 1. The Developer shall deposit as collateral with the City a Letter of Credit, or other acceptable collateral as determined by the City Council, in the amount of $ 37 389.60 . Said Letter of Credit or other collateral shall have an expiration date of at least sixty (60) days following the date set for completion of the improvements, certifying the following: a. That the creditor guarantees funds in the sum of $ 37 389.60 the estimated cost of completing the required improvements in Amended Plat of Lot 2 of Westbrook Subdivision (Name of Subdivision) b. That if the Developer fails to complete the specified improvements within the required period, the creditor will pay to the City immediately, and without further action, such funds as are necessary to finance the completion of those improvements up to the limited of credit stated in the letter; 2. That said required improvements shall be fully completed by September 1 , 20 077 . 3. That upon completion of the required improvements, the Developer shall cause to be filed with the City a statement certifying that: a. All required improvements are complete; b. That the improvements are in compliance with the minimum standards specified by the City for their construction and that the Developer warrants said improvements against any and all defects for a period of one (1) year from the date of acceptance of the completion of those improvements by the City; c. That the Developer knows of no defects in those improvements; d. That these improvements are free and clear of any encumbrances or liens; e. That a schedule of actual construction costs has been filed with the City; and, f: All applicable fees and surcharges have been paid. 4. The Developer shall cause to be filed with the City copies of final plans, profiles, grades and specifications of said improvements, with the certification of the registered professional engineer responsible for their preparation that all required improvements have been installed in conformance with said specifications. IT IS ALSO AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS, TO -- WIT: That the Developer shall provide for inspection of all required improvements by a registered professional engineer before the Developer shall be released from the Subdivision Improvement Agreement. That if the City determines that any improvements are not constructed in compliance with the specifications, it shall furnish the Developer with a list of specific deficiencies and may withhold collateral sufficient to insure such compliance. If the City determines that the Developer will not construct any or all of the improvements in accordance with the specifications, or within the required time limits, it may withdraw the collateral and employ such funds as may be necessary to construct the improvement or improvements in accordance with the specifications. The unused portions of the collateral shall be returned to the Developer or the crediting institution, as is appropriate. IN WITNESS WHEREOF, the Parties have hereunto set their hands and seals the day and year herein before written. Genesis Developments., LLC. (Name of Subd' on/D per/Firm) Y (Title) STATE OF MONTANA COUNTY OF On this_ day of , 2007 ,before me, a Notary Public for the State of Montana, personally appeared Llar-k, , known to me to be the �d �re Pft�r�P.�or- of � e� � �� Deo-ejl m e�TS Gc..G, whose name is i subscribed to the foregoing instrument and acknowledged to me that he/she executed the same. k r IN WITNESS WHEREOF, I have hereunto st `rriy hand a ' : 1xed my Notarial Seal this day and r fir t above wri' t=` Not Public f r e State of n na�- Re idling ate► My Commission Ex4ires 45� OF mj MAYOR, CITY OF I.ALISPELL ATTEST: MAYOR CITY CLERK EXHIBIT B This agreement specifically includes the following improvements, their projected construction completion date and estimated construction costs. CHECK. CONSTRUCTION ESTIMATED PERCENTAGE APPROPRIATE COMPLETION CONSTRUCTION COMPLETE IMPROVEMENTS DATE COSTS Street Grading/Paving n/a - Street Base n/a - Sidewalks n/a - Curbs and Gutters n/a - Sanitary Sewer n/a - Mains Other (Manholes/Service } n/a On -Site Sewage n/a Facilities Water System n/a Mains Other } n/a On -Site Water Supply n/a Water Storage Tanks n/a Fire Hydrants n/a Storm Seger or n/a Drainage Facilities Street Signs n/a Street Lighting n/a Street Monuments n/a Survey Monument Boxes n/a Landscaping/Boulevard trees n/a (includes Common Areas) Other (See Below) x 1 hr. fire wall construction X Remove fagade between buildings X Relocated sign for Lot A X 911I2007 $18,223.68 0% 9/1/2007 $89188 0% 9/1/2007 $31,500 0% SUBTOTAL $ 29 911.68 FEES NIA TOTALS COSTS $ 29,911.68 TOTAL COLLATERAL (TOTALS COSTS X 125%) $ 37,389.60 IRREVOCABLE STANDBY LETTER OF CREDIT ISSUER: WHITEFISH CREDIT UNION PO BOX 37 WHITEFISH, MT 59937 Date of Issue:05-24•2007 Amount: U.S. $ 40,000.00 Letter of Credit Number: 163 FORTY THOUSAND AND NO 100 U.S. DOLLARS) For Benefit Of: For Account Of: Beneficiiary Name and Address Applicant Name and Address THE CITY OF KALISPELL GENESIS DEVELOPMENT, LLC KALISPELL, MONTANA PO BOX 418 SOMERS, MT 59932-0418 LETTER OF CREDIT. Issuer establishes this Irrevocable Standby Letter of Credit (Letter of Credit) in favor of Beneficiary in the amount indicated above. Beneficiary may draw on this Letter of Credit with a Draft (or Drafts,, if the maximum number of drawings is greater than one) together with the documents described below. Each Draft shall be signed on behalf of Beneficiary and be marked "Drawn under [Issuer name] Letter of Credit No. [Letter of Credit number] dated [Letter of Credit date]." Drafts must be presented at Issuer's address shown above on or before the Expiration Date. The presentation of any Draft shall reduce the Amount available under this Letter of Credit by the amount of the Draft. This Letter of Credit sets forth in full the terms of Issuer's obligation to Beneficiary. This obligation cannot be modified by any reference in this Letter of Credit, or any document to which this Letter of Credit may be related. This Letter of Credit expires on the Expiration Date. DRAWINGS. IN Partial drawings shall not be permitted under this Letter of Credit. ❑ Partial drawings are permitted. The maximum number of drawings that may be made is DOCUMENTS. Each Draft must be accompanied by the following, in original and two copies except as stated: ® The original Letter of Credit, together with any amendments. ❑ A sight draft drawn by Beneficiary on Issuer. ❑ A signed statement by Beneficiary including the following statement: ❑ Other documents: Issuer shall be entitled to accept a draft and the documentation described above, as required by the terms of this Letter of Credit, from any person purporting to be an authorized officer or representative of Beneficiary without any obligation or duty on the part of Issuer to verify the identify or authority of the person presenting the draft and such documentation. SPECIAL INSTRUCTIONS: EXPIRATION DATE. This Letter of Credit expires at the close of business at Issuer's address at MIDNIGHT (Time) on 7 (Date) . Issuer agrees to honor all Drafts presented in strict compliance with the provisions of this Letter of Credit on or before the Expiration Date. ❑ If Beneficiary has not drawn the full amount of this Letter of Credit prior to the Expiration Date, the Expiration Date shall be extended for a period of days from the Expiration Date, unless Issuer notifies Beneficiary in writing at least days prior to the Expiration Date that Issuer elects not to extend this Letter of Credit. In any event, this Letter of Credit shall expire on without any notice from Issuer to Beneficiary. � @ 2001 Bankers Systems, Inc., St. Cloud, MN Form LC -STANDBY 1 / 15/2002 (page 1 of 2) TRANSFERABILITY. This Letter of Credit is ❑ transferable ® non -transferable. APPLICABLE LAW. This Letter of Credit shall be governed by: IN the Uniform Customs and Practice for Documentary Credits, 1993 Revision, International Chamber of Commerce Publication No. 50D (UCP), or any later version or amendment. ❑ the International Standby Practices 1998 (ISP98). This Letter of Credit shall also be governed by the laws of , the United States of America, so long as such laws are not inconsistent with the UCP or ISP, as applicable. WHITEFISH CREDIT UNION (Issuer Name) 2 By (Signature) (Date) DGUG JOHNSON COMMERCIAL. LOAN OFFICER (Signer Name and Title) "" Q 2001 Bankers Systems, Inc., St. Cloud, MN Form LC -STANDBY 1115/2002 (page 2 of 2) City of Kalispell Planning Department 17 - 2"' Street East, Suite 211, Kalispell, Montana 59901 Telephone: (406) 751-1550 Fax: (406) 751-1558 Wehsite: kalispellplanning.c;om May 30, 2007 James H. Patrick, City Manager City of Kalispell P.O. Box 1997 Kalispell, MT 59903 RE: Final Plat Approval for the Amended Plat of Lot 2, Westbrook Subdivision Dear Mr. Patrick: Our office received an application for final plat approval from Jackola Engineering on behalf of Genesis Developments, LLC for a two lot commercial subdivision on the northwest corner of US Highway 2 West and North Meridian Road. The site is approximately 4.158 acres in size and contains Westbrook square, a commercial retail center, and Exxon gas station. China Town Restaurant and the sears appliance shop are other examples of businesses located there. The property can be legally described as Lot 2 of the Westbrook. Subdivision located in the East 1/2 of the south East 1/4 of Section 12, Township 28 North, Range 22 West, PMM, Flathead County, Montana. Our office found that the proposed subdivision met the preliminary plat waiver criteria as provided for under section 2.08 of the Kalispell subdivision Regulations and waived this requirement on April 24, 2007 attaching five conditions of approval. Specifically, the subdivision meets the following criteria: 1. The plat contains five or fewer lots. 2. There is no public dedication of streets or public or private parkland. 3. All lots have legal and physical access conforming to the subdivision regulations. 4. Each lot has a suitable building site and there are no environmental hazards present. 5. Public sewer and water are adequate and in. place. 6. The subdivision complies with the subdivision regulations and current zoning regulations. 7. No significant effects are anticipated on agriculture and agricultural water user facilities, local services, the natural environment, wildlife and wildlife habitat and the public health and safety. The property contains two existing, partially attached, buildings and the owner intends to sell one or both of the lots. The property is zoned B-2, General Business, which is intended to provide for retail sales and service functions and the existing businesses are perrm*tted uses pursuant to section 27.14.020 of the Kalispell Zoning Ordinance. However, due to the location of the proposed property line and its proximity to the two partially attached buildings, modifications to the structures are necessary to meet fire safety standards and comply with building codes. A minor deviation from. the B-2, General Business zoning district, setback requirements is also part of the request for this final plat approval and is discussed in the attached Staff Report #KwP-07-02. In essence, because the two existing buildings, constructed 10 or 12 years ago, are currently in compliance with building and fire codes and merely the addition of a property line would create a noncompliance situation, staff thought the variance was minor and acceptable, provided that building and fire code issues were addressed. The applicant has addressed these issues, coordinated with the appropriate city departments and has adequately bonded for the improvements via a Subdivision Improvement Agreement (SIA). The following modifications to the buildings and site are proposed and bonded for: • the facade between the two buildings will be removed, ■ a one -hour fire wall will be installed between the two buildings and • the existing detached sign located along the southern property boundary will be removed and relocated on Lot A to ensure only one commercial sign is on each new lot. The proposed subdivision substantially complies with the standards for the B-2 zoning district given that the conditions outlined above are met. The Kalispell City Council will need to adopt findings of fact for approval found in the attached staff report KWP-07-02 and accept the SIA as submitted. The following is a list of the conditions of approval and a discussion of how they have been met. COMPLIANCE WITH CONDITIONS OF APPROVAL Condition No. 1. That the final plat is in substantial compliance with the preliminary plat that was waived. * This condition has been met. The two lot subdivision substantially complies with the preliminary plat that was waived. Condition No. 2. That the new lots and existing structures comply with applicable zoning, building and fire codes prior to final plat approval. This would include building modifications to address fire and building code issues where the buildings are closer than five feet. * This condition has been met. The existing businesses comply with the B-2 , General Business, zoning district as listed in section 27.14.020 of the Kalispell 2 Zoning Ordinance. Modification to the buildings have been proposed and bonded for in the amount of 37,380.60 dollars. Specifically, the facade between the two buildings will be removed and a one -hour fire wall will be installed between the two buildings. A memo detailing these necessary modifications and three sketches of the proposed improvements were submmitted and stamped by a licensed architect (5/2/07). The building plans have been certified by a licensed architect and reviewed and approved by the City of Kalispell Building Department. The SIA dated 5 / 4 / 07 was also certified by an engineer and the improvements will be completed by September 1, 2007. Condition No. 3. That the property lines be adjusted on the west side of the building containing China Town to meet required side building setbacks. Also, ensure the two detached signs are located on separate lots per the Kalispell Zoning Ordinance. Note: Upon submitting a final plat application, a separate map shall be provided showing the new property lines, existing buildings and detached signs for lots A and B. + This condition has been met. A separate reap was submitted showing the relationship between the existing buildings and the new property line - the new property line along the west side of the building containing China Town is at least five feet from the new property line and meets the B-2 zoning setback requirements. The existing signs are indicated on the map as well and the detached sign serving the Westbrook Square commercial center is proposed to be relocated approximately 35 feet west of the existing sign on the new Lot A. A permit shall be obtained prior to the design and construction of the new sign and shall meet the standards outlined in Chapter 27.24, Sign Regulations of the Kalispell Zorning Ordinance. Security in the amount of 3,500 dollars has been included in the SIA to remove and relocate the Westbrook Square commercial sign. Condition No. 4. Provide evidence that cross easements have been established between the two lots for utilities, parking spaces and drive aisles. + This condition has been met. A note has been placed on the final plat indicating parking lots, access, and utilities are in common areas and that reciprocal easements have been identified and agreements developed between future owners of each lot. A copy of the Parking Agreements and Easements dated May 7, 2007 was submitted as part of the application which was signed by Genesis Developments, LLC and Robbin Kusiak, the future buyer. Condition No. 5. This waiver of preliminary plat approval is valid for three years and will expire on April 24, 2010. + This condition has been met. The final plat was submitted prior to expiration of the waiver. 3 COMPLIANCE WITH APPROVED PRELIMINARY PLAT The final plat is in substantial compliance with the preliminary plat which was reviewed and approved.. COMPLIANCE WITH THE SUBDIVISION REGULATIONS. This preliminary plat has been found to be in compliance with the State and city Subdivision Regulations. COMPLIANCE WITH THE ZONING REGULATIONS This subdivision has been found to be in compliance with the Kalispell Zoning Ordinance and the B-2, General Business, Zoning designation assigned to the property. RECOPA MENDATION: All of the conditions of preliminary plat approval have been adequately addressed. Staff recommends that the Kalispell City council adopt the attached staff report KWP- 07-02 as findings of fact, approve the final plat for this subdivision and accept the SIA for the required building and site improvements. Please schedule this matter for the next regular city council meeting of June 4, 2007. You may call me at (406) 751- 1850 if you have any questions regarding this subdivision. Sincerely, Nicole C. Johnson Planner II Attachments: Vicinity map 2 mylars I paper copies 11 x 17 reduced copy Staff Report KWP-07-02 Letter from Planning Department for preliminary plat waiver dated 4/24/07 Final Plat Application dated 4 / 24 / 07 Letter from Jackola Engineering dated 5/4/07 Letter from Jackola Engineering dated 5/4/07 -Municipal Facilities Exemption Health Department Certification from Montana DEQ dated 5 / 4 / 07 Title Report dated 3 / 22 / 07 4 3 Consents to Plat dated 5 / 4 / 07 from Peak Development, Glacier Bank, and First Federal Saving Bank of Montana Tax certification from the County Treasurer's office dated 5/4/07 Subdivision Improvement Agreement in the amount of $37,389.60 dated 5/7/07 Letter of Credit from Whitefish Credit Union in the amount of $40,000 dated 5/ 18/07 (expiration date 11 / 1 / 07) Building Modification and Fire Separation Requirements Letter from Mark Lee Young, Licensed Architect dated 5 / 2 / 07 3 Sketches of the modification plan, proposal, and existing fire wall dated 5/2/07 Parking Agreement and Easements dated 5 / 7 / 07 c w/ attachments: Theresa White, Kalispell City Clerk c w/o attachments: Genesis Developments, LLC P.G. Box 458 Somers, Montana 59932 Jackola Engineering c / o Robert Erickson P.G. Box 1134 Kalispell, Montana 59903 5 AMENDED PLAT OF LOT 2 OF THE WESTBROOK SUBI7TVISION KALISPELL PLANNING DEPARTMENT STAFF REPORT KWP-07-02 REVIEW AND FINDINGS OF FACT MAY 30, 2007 This is a report to the Kalispell city council detailing findings of fact for a two lot commercial subdivision on the northwest corner of Highway 2 west and North Meridian. Road. Preliminary plat approval for the subdivision was waived on April 24, 2007 based on five conditions. BACKGROUND: This commercial subdivision would create two lots from a 4.156 acre parcel that is currently developed. The property contains two existing, partially attached, buildings and the owner intends to sell one or both of the lots. Due to the location of the proposed property line and its proximity to the two attached buildings, modifications to the structures are necessary to meet fire safety standards and comply with building codes. In addition, a minor deviation from the B- 2 , General Business Zoning District, is part of the request for this final plat approval and is discussed in Section G below. The applicant has addressed these issues, coordinated with the appropriate city departments and has adequately bonded for the improvements via a Subdivision Improvement Agreement (SIA). A. Applicant: Genesis Developments, LLC P.O. Box 458 Somers, Montana 59932 Technical Assistance: Jackola Engineering c/o Robert Erickson P.O. Box 1134 Kalispell, Montana 59903 B. Location and Size: The existing commercial lot and location of the two lot subdivision is situated along US Highway 2 West between North Meridian Road and Glenwood Drive. The site is approximately 4.156 acres in size and contains the Westbrook Square, a commercial retail center, and Exxon gas station (see Figure 1) . china Town Restaurant and the Sears appliance shop are other examples of businesses located here. The property can be legally described as Lot 2 of the Westbrook Subdivision located in the East 1/2 of the South East 1�4 of Section 12, Township 28 North, Range 22 west, PMM, Flathead county, Montana. C. Existing and Adjacent Land Uses: The property is currently developed containing two partially attached commercial buildings, parking lots, two commercial signs, and landscaping. A gas station, restaurant, appliance shop and other retail businesses operate from these buildings on the property. Surrounding the Westbrook Square commercial center is a mixture of commercial, light industrial and public uses. The County Fairgrounds exists to the east, McDonalds and the Eisinger car dealership are located across US 93 to the south, Midas operates to the west of the subdivision and the US Post Office may be accessed off of Meridian to the north of the site. Figure I. Westbrook � square site pictures. Total Area of the subdivision equals 4.166 acres. Lot A would be 1.837 acres and Lot B would be 2.319 acres. Left: View of Lot A looking northwest from US Highway 2 West Fight: View of Lot B looking east from one of three access points to the subdivision on U Highway 2 West I], Zoning: The property is zoned B-2, General Business, which is intended to provide for retail sales and service functions and the existing businesses are permitted uses pursuant to section 27.14.020 of the Kalispell Zoning Ordinance. The existing sign located along the southern property boundary will be removed and relocated on Lot A to ensure only one commercial sign is on each new lot. In addition, a minor variance from the setbacks for the B-2 zoning district has been requested as part of this final plat approval and the details are discussed below in Section G, compliance with the Kalispell Zoning, Ordinance. E. Relation to Growth Policy; The property is designated as Urban Mixed Use and Commercial in the Kalispell Growth Policy 2020. The existing B-2 zoning is consistent with the mixed use and commercial land use designations. F. Utilities: Water and Sewer: Electricity: Telephone: Gas: School: Police: Fire Protection: City of Kalispell Flathead Electric Coop CentuxyTel Northwest Energy School District #5, Kalispell City of Kalispell City of Kalispell REVIEW AND FINDINGS OF FACT 2 This application was reviewed as a minor subdivision in accordance with statutory criteria and the Kalispell Subdivision Regulations. A. Effects on Health and Safety: The area is anticipated to be at lour risk from wildfire due to the urban location, lack of woody fuel and good access to the site. The two existing buildings are relatively new and comply with existing fire safety standards and building codes. However, as indicated previously, the addition of a property line and the proximity of that line to the building; walls will require the facade to be removed and the two exterior walls of the buildings to be upgraded to 1-hour fire walls. Sketches 1-3, attached as Exhibit A, shows the location plan and detail of the planned improvements. This project will result in a safer environment. It has however, come to our attention that contaminated soil was discovered a couple of years ago and may exist below the surface within the subdivision site. Contamination of the soil was a result of four different leaks primarily from old fuel tanks and acar/oil washing area. Remediation of exposed contaminated areas has been conducted and the Department of Environmental Quality (DEQ) is currently monitoring levels of pollutants and ground water impacts. There is little potential for this subdivision and the presence of the contamination to effect health and safety as the site is currently developed and no new development is proposed. The site is considered a low priority by DEQ and the agency will continue to monitor the situation. However, should contaminated soil be discovered, Marche Sigler, DEQ, has asked to be notified immediately. There are no other apparent health or safety hazards near the subdivision. B. Effects on Wildlife and Wildlife Habitat. The subdivision is not located in mown big game habitat and the property is not considered suitable habitat for other significant wildlife. C. Effects on the Natural Environment: The site is fully developed and is located along two main arterials in the City of Kalispell and contains no native vegetation or watercourses. The site is level and is not 'in or near a designated 100 year flood plain nor is it subject to slope failure, subsidence or severe erosion. The subdivision is served by City of Kalispell water and sewer minim=g impacts to groundwater. However, as indicated previously, a contaminant plume exists below the surface which was caused by four different sources. The owner, in conjunction with DEQ, has conducted remediation of the site and DEQ is currently monitoring the situation. DEQ requested that their department be notified should more contaminated soil be found, but they feel at this point, natural dilution will resolve the problem over time. Based on advice from the City Attorney, the Kalispell Planning Department sent a letter to the property owner, copying DEQ, to acknowledge the new information and inform the applicant that the liability remained with the owner of the property (copy attached) . The letter noted that it is the owner's responsibility to inform future buyers of the contamination and potential liability for site remediation if warranted. Therefore, no significant impacts on the natural environment are anticipated with the approval of this subdivision. D, Effects on Local Services. Sewer and Water: The City of Kalispell currently provides water and sewer service to the property. Access and Roads: Access to the site is provided in three locations from US Highway 2 West and two access points exist from North Meridian Road. A parking and cross access easement agreement between the two potential property owners, Genesis Developments, LLC and bobbin Kusia.k, have been drafted and a note on the face of the final plat indicated that cross easements for parking, access and utilities exists. Sidewalks: There is an existing sidewalk along US Highway 2 west and North Meridian road and were built to city standards. Schools: This property is within the boundaries of School District #5, Kalispell. This is a commercial subdivision and will not have any impacts to the school district. Parrs: Parkland dedication is not required for commercial subdivisions pursuant to section 3.13.E of the Kalispell Subdivision Regulations. Police Protection.: The property is served by the Kalispell Police Department. This subdivision will not significantly impact the services provided by the police department. Fire Protection: The property is within the service district of the Kalispell Fire Department. The subdivision will not create additional impacts to fire service. Refuse Disposal: No significant increased impacts can be anticipated as a result of the proposed subdivision. Medical Services: Emergency medical service is provided by the Kalispell Regional Medical Center; Ambulance and Life Flight services are also available. E. Effects on Agriculture: This subdivision is in the urban area of Kalispell and the area has been developed to an urban density. This property has not been used for agricultural purposes in the past and future commercial development will have no effect on agricultural activities in the Valley. F. Compliance with the Kalispell Subdivision Regulations This subdivision complies with the Kalispell Subdivision Regulations. Preliminary plat was waived because it meets the waiver criteria provided for under Section 2.06 of the regulations which include the following: (1) the plat contains five or fewer lots, (2) there is no public dedication of streets or public or private parkland, (3) all lots have legal and physical access conforming to these regulations, (4) each lot has a suitable building site and there are no environmental hazards present, (5) municipal water and sewer are adequate and in place, (6) the subdivision complies with these regulations and zoning regulations, (7) there are no significant effects anticipated on agriculture and agricultural water user facilities, local services, the natural environmental, wildlife and wildlife habitat and the public health and safety. This subdivision is in substantial compliance with the Kalispell Subdivision Regulations. G. Compliance with the Kalispell Zoning Ordinance: The property is zoned B-2, General Business. This zoning district has a minimum lot area of 7,000 square feet and a minimum lot width of 70 feet. Lot A is 80, 019 square feet and Lot B is 101,015 square feet which are more than adequate lot areas for the district. Pursuant to section 27.22.060 of the Kalispell Zoning. ordinance, the B-2 zoning district permits more than one structure housing a permitted use on a single lot or tract of land and there are no lot coverage limitations. The proposed subdivision site would divide two buildings that are currently attached and all the uses currently operating from the structure are permitted in the B-2 zoning district (section 27.14.020 of the Kalispell Zoning ordinance). Setbacks for the zoning district are as follows: 20 feet for the front year, five feet for the side yard, 10 feet for the rear yard, and 15 foot side corner. As indicated above, because of the location of the proposed property line, the existing buildings deviate from the mi_n 4 rn um side setbacks of five feet as required in the B-2 zoning district. Specifically, the north wall of the western most portion of the Exxon building and the south facing wall immediately north of it (Westbrook Square building) are only approximately 4.2 feet from the proposed property boundary (see Figure 2) - eight inches short of the required five feet. Figure 2. View from US Hwy 2 West of the 2 4ot subdivision of Westbrook Square. The dashed white line represents the approximate location of the new property lines and the photograph to the right identifies the location of the required building upgrades. Note: The property lines can the picture below are not to scale. Because the two existing buildings, constructed 10 or 12 years ago, are currently in compliance with building and fire codes and merely the addition of a property line would create a noncompliance situation, staff thought the variance was minor and acceptable, provided that building and fire code issues were addressed. Modification to the buildings and sign, as necessitated by the zoning ordinance, have been bonded for - the facade between the two buildings will be removed, a one -hour fire wall will be installed between the two buildings and the existing sign located along the southern property boundary will be removed and relocated on Lot A to ensure only one commercial sign is on each new lot. The building plans have been certified by a licensed architect and reviewed and approved by the city of Kalispell Building Department. The SIA was also certified by an engineer and the improvements will be completed by September 1, 2007. The proposed subdivision substantially complies with the standards for the B-2 zoning district given that the conditions outlined in the preliminary plat waiver and attached letter are met. RECOMMENDATION Staff recommends that the Kalispell city Council adopt Staff Report KWP-07-02 as findings -of fact for the proposed subdivision and accept the SIA for the aforementioned improvements. 6 WESTBROOK BUILDING EXISTING 2 HOUR FIRE WALL NEW I HOUR FIRE WALL, DOOR $ FRAME H REMOVE EXISTING FACADE Iw*� BETWEEN BUILDINGS Ina EXXON BUILDING > a � L •�IIdCE� • 1469 • 1 0 MT �+ Z 006 1830 3RD AVENUE EAST P.O. BOX 1134 KAUSPEEL, MT, 59903 1 FIRE ALL LOCATION "LAN PHONE: 406-755-3208 FAX: 406 -755--3218 I1w� cwE8 PAGE:rwackotacomSKET EXHIBIT A (2 of 3) S1I' • 19 69. a �y �ch'te�t� L�fi� t 830 3ik6 AVENUE EAST P.O. BOX 1 134 KALISPELL, AST. 59903 PHONE: 406-755-3208 FAX- 406-755-32 1 8 E—MAIL: In#oOJocko#o.com WEB PAGE: www.jetkola.com REMOVE EXISTING HARDI PANEL SIDING AND RE -APPLY TO NEW WALL NEW 5/8" GYPSUM WALL SNTG. NEW 1--5/8'XI-5/8" METAL STUDS @ 24" D.C., FASTEN TO EXISTING STUDS 6--0" O.C. HORIZONTAL AND 24" D.C. VERTICAL NEW 5/B" GYPSUM WALL BOARD EXISTING 7/IG" APA RATED EXTERIOR SNTG . FASTEN BOTTOM PLATE TO EXISTING CONC. SIDEWALK W/ POWDER ACTUATED FASTENERS 2(o" GA FLASHING ----- — —-------- ---- SEAL FOR MOISTURE PROTECTION ALTERNATIVE METHOD OF MOISTURE PROTECTION IS TO POUR RAISED CONC. CURB UNDER BOTTOM OF WALL NEW 2(o GA. METAL COPING NEW 26 GA. METAL FLASHING UPPER IS" OF PARAPET NEW 5/8° GYPSUM WALL SNTG. ABOVE EXISTING PARAPET NEW 26 GA. FLASHING OVER / EXISTING PARAPET REMOVE EXISTING METAL COPING EXISTING RIGID ROOF F!"1 INSULATION r r ' , V EXISTING 2X(o BLOCKING i.. ,_ EXISTING R-IG BATT INSULATION EXISTING r 5/8" SHEETROCK , SKETCH #2 - 1 C�IR. Fn7-E WALL injETP,L SCALE: 3/4 m 1On RS11yU�R� � �� R � � �� ► '`�ch�t�cis Lena 1830 3RD AVENUE EAST__.._.._._. P.O. BOX 11 3A KAUSPELL, MT. 59903 PHONE: 406--755--3208 FAX. 406-755-321 B E—MAIL- inlo0jackola.corn WEB PAGE: www,jackola.corn EXHIBIT A (3 of 3) CF R L EG. 0 1 BIG K MT EXISTING 2 HR. RATED WALL, EXTEND PARAPET HEIGHT TO 30" ABOVE EXISTING ROOF SURFACE N NEW 26 GA. METAL FLAS1 SING @ UPPER 18" OF PARAPET EXISTING RIGID ROOF INSULATION i f f �WJ r r i 5 [ 1 SKETC'nj �3 - 2 G��. FDrlE A�� DETA OP� SCALE: 3/4" � 1'-0" Building Modification And Fire Separation Requirements For Westbrook Square And Exxon Budding Highway 2 West Kalispell, Montana May 2, 2007 The following modifications are made necessary due to a division of the existing single parcel into two parcels with the new property line being established between the subject buildings. Specifically, the north wall of the western most portion of the Exxon Building and the south facing wall of the Westbrook Square Building immediately north of it are being addressed here. See attached Sketch # 1 showing both buildings. 1. Because of the location of the buildings relative to the new property line each of the walls which is parallel to it must be fire walls with a fire resistance rating of not less than 1-Hour in accordance with Table 602 of the International Building Code. The wall of the Westbrook Square Building is currently a 2-Hour fire wall. The north wall of the Exxon Building was not built as a fire wall and therefore must be modified to achieve the minimum required fire resistance rating. See attached Sketch #2. 2. The diagonal portion of the fascia structure which connects the Westbrook Square Building and the Exxon Building must be removed in order to limit each building in its entirety to the lot on which it is to be situated. 3. The upper most 18 inches of the existing fire wall parapet above the roof at the south wall of the Westbrook Square Building must be finished with non- combustible materials. See attached Sketch #3. 4. The hollow metal door and frame in the north wall of the Exxon Building must have a 1 hour fire rating. The existing door and frame are not fire -rated and are to be replaced. �-- 5.2-e�7 City of Kalispell Planning Department 17 -- 1nd Street East, Suite ? 1 I, Kalispell, Montana 59901 Telephone: (406) 751-1850 Fax: (406) 751-1858 Website: kalispellplanning.com May 3 0, 2007 Genesis Developments, LLC P.O. Box 458 Somers,, Montana 599-2 Re: Amended Plat of Lot 2 of Westbrook Subdivision To Genesis Developments, LLC: It has come to our attention that the Westbrook Square and Exxon bras station site located on the northwest corner of US Highway 2 west and North Meridian Road has been identified as a petroleum release site. The site is currently going through the subdivision process and is at the final plat stage with the City of Kalispell. Mercile Sigler of the Montana Department of Environmental Quality (DEQ), in an email dated May 24, 2007, identified four release sites on the Westbrook lots. The release sites are identified as Nos. 1208, 548, 1047, and 1608. The email also detailed her agency's involvement in monitoring and remediation of the site. while this information was not disclosed to the Kalispell Planning Department at the time preliminary plat was waived, our department has determined the subdivision process and final plat hearing will remain the same. However, we are notifying you by letter that the city has knowledge of the contamination and by copying the DEQ, that agency is also aware of the situation. Should the property be transferred, as proposed here, the liability remains with you. It is your responsibility to inform future owners of the contamination as they may be subject to potential liability for site remediation should that action be warranted sometime in the future. In addition, Ms. Sigler requested that DEQ, herself specifically, be notified immediately should contarninated soil be discovered. Ms. Sigler can be reached at (406) 755-8955, extension 105. Please feel free to contact me if you have any questions by phone at (406) 751 1850 or via email at n'ohnson c� kalis ell.com. Sincere y, { Fes--.. r w�4 ' Nicole C. Johnson Planner l l c: IN/lercile Sigler. Montana DEQ Attachments To: Nicol Johnson From: Marcile Sigler RE: City S ervie e west (FID415-2_31'310) Date: May 241, 2007 The Department of Enviromunental. Quality Petroleum Release Section (DEQ-PRS) has been requested to provide a general review of the four petroleum releases located. at City Service west, currently referred to as Michaels. The City of Kalispell, Planning Department was unaware the property had environmental issues and as part of their approval process have requested the following information provided to them by Tuesday, March 29, 2007. Release 41208 This release was confirmed on May 13, 1992, is located to the far west of the facility, and is currently covered by a small strip mail. The strip mall was installed prior to additional investigation of the release by DEQ. DEQ will be conducting a groundwater investigation at the site ,within the next year or two. The investigation will consist of borings to groundwater. Soil from the borings will be analyzed for petroleum hydrocarbons as will the groundwater that is obtained from the boring. Monitoring wells will be installed if in --fact groundwater is impacted. The DEQ does not anticipate an excavation as the strip maff sits on top of the former tank farm. However, if during upgrades at the facility, impacted soil is encountered then that soil will have to be removed as well as any other accessible impacted soil, and the DEQ notified. Release 43848 This release was confirmed November 17, 1999. It is a former waste oil tank that sat behind the facility. This release has recently been submitted to the DEQ-PRS in Helena for closure consideration. Release 41047 and 1608 These two releases are located to the east of the facility at Highway ? and Meridian. The releases were confirmed December 7, x 991 and April 1, 193 respectively. The two releases have co -mingled given their close proximity and (groundwater monitoring wells are currently in place with additional wells scheduled for the near future. The DEQ does not anticipate any further excavation given the one conducted approximately two years ago by the Montana Department of Transportation. During upgrades to Meridian ail impacted soil that was encountered iv as removed and hauled to a licensed landfill ".BFl) in � lissoula. tits Seruice '211NEENOffmMERM May 25, 2007 Beargrass Holdings, LLC PCB Box 7505 Kalispell, MT 59904 Stretch, LLB` 41763 N. Foothills Dr. Ronan, MT 59864 Re: Westbrook Subdivision located in the E 112 of the SE '/4 12 ? 8 N 2 W Lot ? 1011 W 1111 Hwy Z west, Kalispell, MT 59901 Dear Sir/Madam: With respect to the above -referenced property, there are four known petroleum releases thereon, all of which have been reported to the Montana Department of Environmental Quality. These releases are identified by DEQ under the Nos. 1047, 1208, 1608, and 3848. Nt the current time, these releases are being monitored, and no other active remediation activities are currently being undertaken. It is the intention of City Service Incorporated, of Kalispell, to fully comply with its legal obligations regarding these particular releases and we anticipate cooperating fully with DEQ in accordance with applicable state and federal law and consistent with our past practices. Very truly yours, CITY SERVICE INCORPORATED; OF KALISPELL By ICary/Y. Tonjui resident KWTI P.O. Box 1 * 1830 3rd Ave. E,, Suite 202 * Kalispell, Montana 59903-0001 * (406) 755-4321 a 800-343-3835 * FAX (406) 755-8591 City of Kalispell Planning Department 17 Second Street East, Suite ? 11 Kalispell, Montana 59901 Telephone: (4 06) 751-18 50 Fax: (406) 751-1858 Website: kalispellp Tanning. cant April 24, 2007 James H. Burton Jackola Engineering P.O. Box 1134 Kalispell, Montana 59903 Re: Waiver of Preliminary Plat Approval - Amended Plat of Lot 2 of Westbrook Subdivision Dear Mr. Burton: This letter is in response to your request for waiver of preliminary plat for a two lot subdivision of an existing commercial lot located within the Westbrook Subdivision along US Highway 2 West between North Meridian Road and Glenwood Drive. The site is approximately 4.1 S 8 acres in size and contains Westbrook commercial center and Exxon gas station. The property is zoned B-2, General Business, which is intended to provide for retail sales and service functions. The existing businesses are permuted uses and the proposed subdivision would comply with the standards for the B-2 zoning district given that the conditions outlined below are met. The preliminary subdivision is shown on the attached map labeled Exhibit A. The property can be legally described as Lot 2 of the Westbrook Subdivision located in the East 1/2 of the South East 'I4 of Section 12, Township 28 North, Range 22 West, PMM, Flathead County, Montana. Our office can find that the proposed subdivision meets the preliminary plat waiver criteria as provided for under Section 2.08 of the Kalispell Subdivision Regulations. Specifically it meets the following criteria: (1) the subdivision contains five or fewer lots, (2) there is no dedication of streets or public or private parkland, (3) that the lots have legal and physical access conforming to the subdivision regulations, (4) each lot has a suitable building site and there are no environmental hazards present; (5) municipal sewer and water are adequate and in place; (6) that the subdivision complies with the subdivision and current zoning regulations, and (7) that there will be no significant impact on agriculture, agricultural water users, local services or the natural environment. Note that in at least one area, because of the location of the property line, the existing buildings deviate from the minimum side setbacks of five feet. This will require modification to the buildings to address fire and building code issues. Also, we were unable to determine the relationship of the building containing Chinatown Restaurant and the 'western property line of Lot B from the plat provided. This property line may need to be adjusted to ensure the building is a minimum of five feet from that boundary per the Kalispell Zoning Ordinance, B--2 zoning district setback requirements. once these issues are resolved, the proposed subdivision would meet section 6 of the preliminary plat waiver criteria. Due to the relatively minor impacts that this subdivision poses, this office grants pre ninary plat approval subject to the five conditions outlined below. 1. That the final plat is in substantial compliance with the preliminary plat that was waived. 2. That the new lots and existing structures comply with applicable zoning, building and fire codes prior to final plat approval. This would include building modifications to address fire and building code issues where the buildings are closer than five feet. 3. That the property lines be adjusted on the west side of the budding containing China Town to meet required side building setbacks. Also, ensure the two detached signs are located on separate lots per the Kalispell Zoning Ordinance. Note. Upon submitting a final plat application, a separate map shall be provided showing the new property lines, existing buildings and detached signs for lots A and B. 4. Provide evidence that cross easements have been established between the two lots for utilities, parking spaces and drive aisles. 5. This waiver of preliminary plat approval is valid for three years and will expire on April 24, 2010. Waiver of preliminary plat approval does not constitute approval of the subdivision. Please note that prior to final plat approval all requirements must be met per Chapters 2 and 3 of the Kalispell Subdivision Regulations. If you have any questions regarding this matter please contact me. Sincerely, ILA,__ C Nicole C. Johnson Planner II Attachment: Exhibit A (map of preliminary plat) 7 Friday, May 04, 2007 Nicole C. Johnson City of Kalispell Planning Department 17 Second Street East, Suite 211 Kalispell, MT 59901 RE: waiver of Preliminary Plat -- Amended Plat of Lot 2 of Westbrook Subdivision. Conditions of Approval. Dear Nicole, This letter is in response to your letter granting approval of Waiver of Preliminary Plat. The conditions of approval are addressed as follows: 1. That the final plat is in substantial compliance with the preliminary plat that was waved. The final plat is in compliance. 2. The new lots and existing structures comply with applicable zoning, building and fire codes prior to final plat approval. This would include building modifications to address fire and building code issues where the buildings are closer than five feet. This condition is being bonded for. Please refer to enclosed SIA. A building code review and details addressing the modifications required are enclosed. 3. That the property lines be adjusted on the west side of the building containing China Town to meet required side building setbacks. Also, ensure the two detached signs are located on separate lots per the Kalispell Zoning ordinance. Note: Upon submitting a final plat application, a separate map shall be provided showing the new property lines, existing buildings and detached signs for lots A & B. The property line on the west side of China Town meets the building setback requirements. The detached sign for lot A is to be relocated as shown on Exhibit "C". The new property lines and existing buildings are shown on Exhibit "C". 1 63❑ 3"" AVENUE EAST, SUITE 3❑2; P.❑. 8©x 1 1 34, KALISPELL, MT 599❑3 w�yw jackolaxom PHONE 406.755.3208 FAX 406.7 5 5.3 2 1 8 4. Provide evidence that cross easements have been established between the two lots for utilities, parking spaces and drive aisles. A copy of the cross easement is enclosed. Please feel free to contact me with any questions. Thank you. Sincerely, r - Robert A. Erickson, PLS 1 B3❑ 3" ►VENUE EAST, SUITE 3❑2; P.❑. Box 1 1 34, KALISPELL, MT 599❑3 www.jackola.com PHONE 4❑6.'755.32❑B FAx 4❑6.'755.321 B Friday, May 04, 2007 Nicole C. Johnson City of Kalispell Planning Department 17 Second Street East, Suite 211 Kalispell, MT 59901 RE: Municipal Facilities Exemption — Amended Plat of Lot 2 of Westbrook Subdivision. Conditions of Approval. Dear Nicole, This letter is to inform you that we have been notified by Janet Skaarland with the Montana Department of Environmental Quality, Subdivision Permitting Department, that she has mailed the approved Municipal Facilities Exemption to our office. The letter was mailed Friday, May 4,hand we will provide the MFE as soon as it is received. Please feel free to contact me with any questions. Thank you. Sincerely Robert A. Erickson, PLS 1 B30 3RD AVENUE EAST, SUITE 3❑2; P.❑. BOX 1 134, KALISPELL, MT 59903 www.iackola.com PHONE 4❑G.755.320B FAX 406.755.321 B Montana Department of NVARONM. ENTAL UAIJTY P.O. Box 200901 is Helena, MT 59620- 0901 May 4, 2007 Jackola Engineering & Architecture PC James H Burton R.LS PO Box 1134 Kalispell MT 59903 Dear Mr Burton: Brian Schweitzer, Governor (406) 444-2544 a www.deq.mt.gov RE: Westbrook Subdivision Amended Plat of Lot 2 Municipal Facilities Exclusion EQ#07-2779 City of Kalispell Flathead County This is to certify that the information and fees received by the Department of Environmental Quality relating to the Westbrook Subdivision Amended Plat of Lot 2 consisting of two (2) lots is in compliance with 76-4-127, MCA and ARM 1736.602. Under 76-4-125(2)(d), MCA, this subdivision is not subject to review, and the plat can be filed with the county clerk and recorder. Plans and specifications must be submitted when extensions of municipal facilities for the supply of water or disposal of sewage are proposed 176-4-111 (3), MCA}. Construction of water or sewer extensions prior to DEQ, Public water Supply Section's approval is prohibited, and is subject to penalty as prescribed in Title 75, Chapter 6 and Title 76, Chapter 4. Sincerely, Janet Skaarland Compliance Specialist Subdivision Section (406) 444-1801 —email jskaarland(&mt.�o� cc: City Engineer County Sanitarian file Enforcement Division • Permitting & Compliance Division • Planning, Prevention &. Assistance Division • Remediation Division Return after recording to: PARKING AGREEMENT AND EASEMENTS This Parking Agreement and Easements ("Agreement") is between GENESIS DEVELOPMENTS, L.L.C. ("Genesis") and ROBBIN I. KUSIA.K [or an LLB' to be formed by Robbin 1. Kusiak] ("Kusiak"). The parties agree as follows: 1. Background. The parties own adjoining commercial lots and wish to share the parking areas on their respective properties with each other in accordance with this Agreement. 2. Kusiak Pry erty. Kusiak is the owner of the following -described property (the "Kusiak Property") : Lot A of the Amended Plat of Lot 2 of Westbrook Subdivision, according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana. 3. Genesis Property. Genesis is the owner of the following -described property (the "Genesis Property") : Lot B of the Amended Plat of Lot 2 of Westbrook Subdivision, according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana. 4. Grant of Parkiqg. and Access Easement. For good and valuable consideration, the receipt of which is hereby acknowledged, Kusiak does hereby grant to Genesis, its heirs and assigns, and Genesis does hereby grant to Kusiak, and its heirs and assigns, a perpetual, non --exclusive easement for ingress, egress, and parking over and across those portions of the Kusiak Property and the Genesis Property identified as "Common Parking Area" on the site plan attached hereto as Exhibit "A." These easements shall be appurtenant to the Kusiak Property and the Genesis Property. S. Use of Spaces. The parking spaces in the Common Parking Area shall be available to both parties and their respective empioyees, agents, customers, and invitees. The parties shall not allocate specific parking spaces to particular parties. Neither party shall construct any improvement, barrier, barricade, or other divider that would prohibit or discourage the free and unimpeded flow of traffic throughout the Common Parking Area in accordance with the site plan attached as Exhibit PARKING AGREEMENT AND EASEMENT Page I "A." Each party shall conduct its business and shall require its employees to park in spaces in such a manner that there will be sufficient prime parking spaces near each party's respective business entrances to accommodate the usual number of expected customers. Each party shall have authority to remove persons or vehicles from the Common Parking Area if they are not customers or business invitees of either party. 6. Maintenance. The parties agree to maintain the Common Parking Area in a good, attractive condition, suitable for general commercial, retail use. The cost of maintaining, repairing and replacing the Common Parking Area shall be paid by the parties in proportion to the acreage of their respective properties, namely as follows: Kusiak Property 1.860 acres/4.156 acres = 44.75ON Genesis Property 2.296 acres/4.156 acres = 55.25%. Such maintenance shall include but is not limited to cleaning, snowplowing, striping, sealing, si gnage, repairing or replacing pavement, and re -paving the Common Parking Area, and all other maintenance, repair or replacement as may be needed from time to time. The specific maintenance to be done from time to time shall be agreed upon by both parties. Each party shall pay for his or her share of the maintenance that has been agreed upon within 3 o days of the date that written notice has been given, including a copy of any invoice or statement showing the maintenance that was done and the costs incurred. If such payment is not made within the 3 0-day period, the other party may give the delinquent party written notice of intent to file a lien for such unpaid costs. If the delinquent party does not pay such costs within 10 days of the date of such notice of intent to file a lien, then the other party may, in addition to any other remedy that may be available, file a lien against the property described above owned by the delinquent owner for the delinquent maintenance costs in the records of the Clerk and Recorder of Flathead County, Montana. The lien may be foreclosed in the same manner as a mortgage. In the event of such foreclosure, the prevailing party shall be entitled to its reasonable attorneys' fees and costs. The foreclosure may proceed by a lawsuit (i.e., judicial foreclosure) or the by the mediation/arbitration process provided below, at the election of the party filing the lien. 7. Dispute Resolution. If the parties cannot agree as to what is to be done in the way of maintenance, repair or replacement of the Connnon Parking Area from time to time, or if there are any other disputes that arise in connection with this Agreement (except as provided above for possible judicial foreclosure of a lien for delinquent maintenance costs), the parties agree to submit the dispute to mediation, using a mediator to be agreed upon by the parties. If the parties cannot agree on a mediator, each party shall appoint an attorney, and the two attorneys shall name a single mediator to act in the mediation. The parties agree to participate in such mediation in good faith in an effort to reach a settlement of their dispute; however, if such a settlement is not reached, the parties agree that the dispute shall be determined and resolved by binding arbitration. The arbitrator may be the same person as the mediator, if agreed by both parties. The determination of the arbitrator shall be final and binding upon the parties and their respective successors and assigns. The determination may be filed 'in a court of competent jurisdiction as a final judgment. The arbitrator is authorized, but not required, in the arbitrator's discretion., to award attorney's fees and costs to the prevailing party and/or require the non. -prevailing party to pay the fees and costs of the arbitrator. If no such award is made, the costs of the arbitration shall be paid equally by the parties. In the event PARKING AGREEMENT AND EASEMENT Page 2 of a dispute concerning the method of choosing an arbitrator, procedures to be followed in the arbitration process, or other aspects of the arbitration, the parties shall abide by the rules of the American Arbitration. Association applicable to commercial disputes, as then in effect. 8. Insurance. Each party shall obtain and keep in force general public liability insurance with limits of at least $1,000,000 for a single occurrence against claims for personal injury, death and property damage occurring on the portion of the Common Parking Area located on that party's property. Each party shall indemnify, defend, and hold the other party harmless from any claims for personal injury, death, or property damage occurring in the Common Parking Area and caused in whole or in part by the acts or omissions of the indemnifying party or its tenants, agents, or employees. 9. Future Development. If additional construction of buildings, additions, or other improvements or development is permitted on the property described herein and either party desires to undertake such additional construction, then the parties shall determine what maximum additional square footage may be built on the two lots, taking into consideration the parking spaces that would be left if such construction were to be pursued. The maximum additional square footage that can be built will then be allocated to the parties in proportion to the acreage of their respective properties, namely as follows: Kusiak Property 1.560 acres14.156 acres = 44.75% Genesis Property 2.296 acres14.15 6 acres = 5 5.2 5 %. Each party shall be permitted to undertake that party's share of such additional construction, either immediately or at any time in the future. 10. Appurtenant. The burdens and benefits of the easements granted herein, shall attach to and run with the respective properties described herein and shall be binding upon and for the benefit of the parties hereto and their respective heirs, successors and assigns. 11. No Public Dedication. Nothing contained in this agreement shall be construed or deemed to constitute a gift or dedication of any portion of any of the property described herein to the general public or for the benefit of the general public or for any public purpose whatsoever. 12. Miscellaneous. This Agreement shall be construed in accordance with the laws of the State of Montana. In the event of any lawsuit in connection with this agreement, the prevailing party shall be entitled to costs and a reasonable attorney's fee. DATED this day of . 20 GENESIS DEV OPMENT L.L.C. By: PARKING AGREEMENT AND EASEMENT Page 3 ROBBIN I. KUSIAK STATE OF ss County of.. This instrument was acknowledged before me on the `` day of _ Mrs , 20 0 , by L) \ Y'� C/ � k iJ Se- t, k ' r � � as�kvof GENESIS DEVELOPMENT L.L.C. �r y. J • r AM4 � Notary Public for the State of kll a 4JAR1414 LkV" " S �-t [print or type name ofNotary] (SEAL) ` Residing at 1 s MT T SEA.` My Commission ex ires r �. , 20 O 047 OF M� STATE OF ) ss County of } This instrument was acknowledged before me on the day of , ?0 by ROBBZN I. KUSIAK. Notary Public for the State of [print or type name of Notary] (SEAL) Residing at My Commission expires 120 PARKING AGREEMENT AND EASEMENT Page 4 CONSENT TO PLAT We, the undersigned, PEAK DEVELOPMENT, LLP, do hereby consent to the platting of the real property described as "AMENDED PLAT OF LOT 2 OF WESTBROOK SUBDIVISION", attached hereto, and by this reference made a part hereof. PE DEVELOPMENOLP BY STATE OF MONTANA ) SS County of Flathead ) On this _ ___ day of __ ___�..�__ _) 2007, before me, the undersigned, a Notary Public fo the State of Montana, personally appeared I _ __ and known to me to be the____ _�-a-m—e—t—o—T�e--w-ithin PEAK DEVELOPMENT, LLP and who subscrib d ninstrument and acknowledged to me that _ executed t e same. ti t4it is r zz Notary Public o the State of Montana Residing at My Commission Ex ires _ ¢o ,r f r`'r9 �-. era as sifulkrrti�. i f i 0 CONSENT TO PLAT We, the undersigned, GLACIER BAIT, do hereby consent to the platting of the real ptcperty described as "AMENDED PLAT OF LOT 2 OF WESTBROOK SUBDIVISION". attached hereto, and by this reference made a part hereof. GLACIER BANK BY� aii��/lie e M�----- STATE OF MONTANA ) SS County of Flathead On this day of007, before me, the undersigned, Notary Puhll t e Sta a of ontana, personally appeared .� _ �. , and known to me to be the—LI4 of LACIER. BANK and who subscribed narnc to the withinnsttumext and acknawl,� [rfye that executed the same,-----) 1 P'fy k O „r rotary Public f h State of anA r Residing at rr w... f++ �.�.rn+. r►� � � r � .� My Commission Expi�eS ;.-��.�_�� . � ,,•}'�~ ��ltlllll t f 1! I i t;11 tl l[t!�!1! CONSENT 1O PLAT We, the undersigned, FIRST FEDERAL SAVINGS BANK OF MONTAN A now known as GLACIER BANK, do hereby consent to the platting of the real property described as "AMENDED PLAT' OF LOT 2 OF WESTBROOK SUBDIVISION", attached hereto, and by this reference made a pant hereof. FIRST FEDERAL SAVINGS BANK OF MONTANA txow known as GLACIER BANK STATE OF MO NTANA � 5S County of Flathead On this day of _ , 2007, before me, the undersigned, a Notary Public fo the State of Montana, personally aPPaered—Z4jv,.e._ N_-4L)44-1--7L __ , and known to me to he the___�2 .,t--,,-L of FIRST FEDERAL SAVINGS BANK OF MONTANZ now known as GLACIER BANK and who subscribed 'dj name to the within instrument and acknowledged to me that executed the same. P��kt��,;�f�{�. ♦ ter. ♦ .r' •' e - otar Public fo h, ta.te of a �� N`�` t a I� Residing at Y x. d y Commission Expir s _ - SEAL. r plat Room F Count y, Montana tYa ' 800 S. Main St. Kalispell, MT 59901 (406) 758-551 o This Form is for Subdivisions Only BY: JACKOLA FOR, GENISIS DEVELOPMENTS LLC DATE : 4/25/2007 DESCP : WESTBROOK SUB AMD L.2 PURPOSE: AMD PLAT (12-28-22) YEARS ASSESSOR # 2003 TH RU 2006 0390605 H Deputy Treasurer y� fit. (seal) �,.. oFMo�� WAY 04 7 City of Kalispell Planning Department 17 - 2"' Street East, Suite 211, Kalispell, Montana 59901 Telephone: (40-6) 751-1850 Fax: (406) 751-1858 FINAL PLAT APPLICATION Project /Subdivision Name: Z'lMfAXE0 RAT OF, %T z or . '&3D►vtya.') Contact Person: Name: Address: tom. d� fox 113 �i KAc-�sPE�c.. 1�1 T S 9�a 3 Phone No.: qo(-� 7SS `3 �a g Owner & Mailing Address: ScSN►�ie.s, Nt-r 594 3 Z Date of Preliminary Plat Approval: A ?_q, �66'7 Type of Subdivision: Residential Industrial Commercial _�PUD Other Total Number of Lots in Subdivision o�? Land in Project (acres) H. IS (n Parkland (acres) No. of Lots by Type: Single Family Duplex Commercial - condominium Cash -in --Lieu $ Exempt Townhouse Mobile Home Park Apartment Recreational Vehicle Park Industrial Planned Unit Development Multi --Family other Legal Description of the Property t~SZOO1G �uc i7tvI,g�m�1 LOCAIV.0 GO -rkr E. '/z 5ee-r,d,,i 1 z, Tzg/J, E.LzuJ FILING FEE ATTACHED $ Minor Subdivision with approved preliminary plat $400 + $105/lot Major Subdivision with approved preliminary plat $650 + $105/lot Subdivisions with Waiver of Preliminary Plat $600 + $105/lot Subdivision Improvements Agreement $ 50 1 Attached Not Applicable MUST CHECK � E Health Department Certification. (Original) Title Report (Original, not more than 90 days old) Tax Certification (Property taxes must be paid) Consent(s) to Plat (originals and notarized) Subdivision Improvements Agreement (Attach collateral) Parkland Cash -in -Lieu (Check attached) Maintenance Agreement w Plats: 1 opaque OR 2 mylars 1 mylar copy 1 signed blueline 4 bluelines 'v 4 bluelines, unsigned 11X 17 Copy � 11X 17 Copy **The plat must be signed by all owners of record, the surveyor and the examining land surveyor. Attach a letter, which lists each condition of preliminary plat approval, and individually state how each condition has specifically been met. In cases where documentation is required, such as an engineer's certification, State Department of Health certification, etc., original letters shall be submitted. Blanket statements stating, for example, "all improvements are in place" are not acceptable. A complete final plat application must be submitted no less than 60 days prior to expiration date of the preliminary plat. When all application materials are submitted to the Kalispell Planning Department, and the staff finds the application is complete, the staff will submit a report to the governing body. The governing body must act within. 30 days of receipt of the revised preliminary plat application and staff report. Incomplete submittals will not be accepted and will not be forwarded to the governing body for approval. Changes to the approved preliminary plat may necessitate reconsideration by the planning board. I certify that all information submitted is true, accurate and complete. I understand that incomplete information will not be accepted and that false information will delay the application and may invalidate any approval. The signing of this application signifies approval for Kalispell Planning staff to be present on the property for routine monitoring and inspection during the approval and development process. **NOTE-. Please be advised that the County Clerk & Recorder requests that all subdivision final plat appAications be accompanied with a digital copy. Ownep�sj Signature A? , P 'Y Date **A digital copy of the final plat in a Drawing Interchange File (DXF) format or an AutoCAD file T format, consisting of the following layers: 1. Exterior boundary of subdivision 2. Lot or park boundaries 3. Easements 4. Roads or rights -of -way 5. A tie to either an existing subdivision corner or a corner of the public land survey system 2 AMERICA N LAND TITLE ASSOCIATION COMMITMENT 1966 CHICAGO TITLE INSURANCE COMPANY COMMITMENT FOR TITLE INSURANCE CHICAGO TITLE INSURANCE COMPANY, a corporation of Missouri, herein called the Company, for a valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the provisions of Schedules A and B and to the Conditions and Stipulations hereof. This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment or by subsequent endorsement. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate six months after the effective date hereof or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. IN WITNESS WHEREOF, Chicago Title .Insurance Company has caused this Commitment to be signed and sealed as of the effective date of Commitment shown in Schedule A, the Commitment to become valid when countersigned by an authorized signatory. Issued try. STARLING TITLE SERVICES 211 South Main S reet, P.O. Box 73 Kalispell, ITT 59903 Phone: (4 6") 712-7000 Fax: (40�`_)') T5,2- 207 (Title) Fax: (,406) 2 57-.3 (Escrow) E-mail: info@stel ingtitleservices.com Authorized Signature CHICAGO TITLE INSURANCE COMPANY By: UP4.-1 4 r President ATTEST: Secretary Forni C~ 3360 (Reprinted I OAK)) Al TA Commitment - 1966 American Lana Title Association STANDARD EXCEPTIONS FOR OWNER`S POLICY The owner's policy will be subject to the mortgage, if any, noted under item one of Section 1 of Schedule B hereof and to the following exceptions: (1 ) rights or claims of parties in possession not shown by the public records; (2 ) encroachments, overlaps, boundary line disputes, and any inatters which would be disclosed by an accurate survey and inspection of the premises; (3) easements, or claims of easements, not shown by the public records; (4) any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records; (5 ) taxes or special assessments which are not shown as existing liens by the public records. CONDITIONS AND STIPULATIONS 1. The term "mortgage," when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon. to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commit- ment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions, the Exclusions from Coverage and the Conditions and Stipulations of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment, COMMITMENT FOR TITLE INSURANCE SCHEDULE A File Number: 46470 1. Effective Date: March 22, 2007 at 08:00 AM 2. Policy or Policies to be issued: A. ALTA Own. Policy (10/17/92) ❑ X Standard Coverage Amount: $ 2,265,000.00 aExtended Coverage F—] ALTA Homeowner's Proposed Insured: Robbin I. Kusiak B. F-] Standard Coverage Amount: Extended Coverage Proposed Insured: 3. The estate or interest in the land described or referred to in this Commitment and covered herein is: Fee Simple 4. Title to the estate or interest in said land is at the effective date hereof vested in: Genesis Developments, L. L. C., A Montana Limited Liability Company 5." The land referred to in this Commitment is described as follows: Lot 2 of WESTBROOK SUBDIVISION, according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana. n SCHEDULE A Commitment Reorder Form No. 11143 Rev. 10192 4. F (46470. P F D146470110) Commitment Number: CG-46470 SCHEDULE B - SECTION I REQUIREMENTS The following requirements must be met: a. Instruments necessary to create the estate of interest or mortgage to be insured must be properly executed, delivered, and duly filed for record. b. A certificate of survey or subdivision plat conforming with the Montana Subdivision and Platting Act must be recorded prior to closing. C. A copy of the Genesis Developments, L.L.G. agreement, authorizing proposed transaction and directing the execution of the proper instruments must be submitted prior to closing. d. NOTE: For informational purposes only. Do not rely upon for a tax payment. Taxes for the year 2006 are: $29,071.72 First Half $29, 071.59 Second Half . $58,143,41 Total Assessor # 75-0390605 Roll # 44626 (with other property) e. The new Assessor number for 2008 is not available from the County Treasurer at this time. ALTA Commitment Schedule B - Section 1 (10117192) (46470.PFD145479110) Commitment Number: CG-46470 SCHEDULE B w SECTION II EXCEPTIONS Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the company: 1. Property taxes for the second half of the year 2006. 2. Property taxes, including any assessments collected with the taxes, for the year 2007.. 3. Rights or claims of parties in possession not shown by the public records. 4. Encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by an accurate survey or inspection of the premises including, but not limited to, insufficient or impaired access or matters contradictory to any survey plat shown by the public records. 5. Easements, or claims of easements, not shown by the public records. 6. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 7. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof, (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the public records. 8. Taxes or special assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 9. Mineral rights, claims or title to minerals in or under said land, including but not limited to metals, oil, gas, coal, or other hydrocarbons, sand, gravel or stone, and easements or other rights relating thereto, whether express or implied, recorded or unrecorded. 10. Delinquent water and sewer charges of the City of Kalispell, if any. 11. Easement for a water pipeline and related purposes, granted in instrument recorded January 7, 1949 in Book 302, page 57, records of Flathead County, Montana. 12. Easement for transmission line and related purposes granted Pacific Power & Light Company, a corporation, recorded August 3, 1959 under Recorder's Fee #4728, in Book 429, page 308, records of Flathead County, Montana. 13. Easement for transmission line and related purposes granted Pacific Power & Light Company, a corporation, recorded December 5, 1979 under Recorder's Fee #18572, in Book 682, page 840, records of Flathead County, Montana. t . ALTA Commitment Schedule B - Section II (1018182) (45470.PFD140470110) SCHEDULE B - SECTION II . (Continued) Commitment Number: CG-46470 14. Deed of Trust dated June 29, 1984 to secure payment of $637,500.00, together with interest and any other obligations secured thereby, recorded June 29, 1984 as Document #8418114320, records of Flathead County, Montana. Grantor: City Service Inc. of Kalispell Trustee: Citizen's Title & Escrow Co. Beneficiary: First Federal Savings Bank of Montana (premises and other property) 15. Grant of Variance for construction of a new fuel island canopy, recorded October 26, 1992 as Document #9230015420, records of Flathead County, Montana. 10. Easement for transmission line and related purposes granted Pacificorp, dba Pacific Power & Light Company, recorded June 3, 1993 as Document #9315411130, records of Flathead County, Montana. 17. Easement for transmission line and related purposes granted Pac�ficorp, dba Pacific Power & Light Company, recorded October 17, 1994 as Document #9422911150, records of Flathead County, Montana. 18. Easement for transmission line and related purposes granted Flathead Electric Cooperative, Inc., by instrument recorded November 18, 1999 as Document #199932208160, records of Flathead County, Montana. 19. Grant of conditional use, regarding conversion of an existing business, recorded February 12, 2002 as Document #200204316430, records of Flathead County, Montana. 20. Utility easement certificate as shown on the plat of Westbrook Subdivision. 21. Easement for unrestricted ingress and egress purposes, granted in instrument recorded July 13, 2004 as Document #200419516200, records of Flathead County, Montana. 22. Deed of Trust dated July 7, 2004 to secure payment of $3,784,200.00, together with interest and any other obligations secured thereby, recorded July 13, 2004 as Document #200419516220, records of Flathead County, Montana. Grantor: Genesis Developments, LLC Trustee: Flathead County Title Company Beneficiary: Glacier Bank (premises and other property) Loan No.: 1754386 x 23. Trust Indenture dated July 0, 2004 to secure payment of $600,000.00, together with interest and any other obligations secured thereby, recorded July 13, 2004 as Document #200419516230, records of Flathead County, Montana. Grantor: Genesis Developments, LLC Trustee: Paul A. Sandry Beneficiary: Peak Development, 'LLP (premises and other property) 24. Assignment of Leases, executed by and between Peak Development, LLP and Genesis Developments, LLC, recorded July 13, 2004 as Document #200419516240, records of Flathead County, Montana. ALTA Commitment Schedule B - Section 11 (1016182) (46476.PFD146470110) SCHEDULE B - SECTION If (Continued) Commitment Number- CG-46470 25. Interest of the following persons and companies, disclosed by instrument recorded July 13, 2004 as Document #200419516240, records of Flathead County, Montana. Lessee's: Corporate Express, Michael's, Aamco, Chinatown, Accessory Store, Elvis Hilliard, Sears Pup, Cold Dust Casino, Beneficial Finance, Blackfoot Communications, Cost Cutters, Sam's Cameras and Sears 26. Joint parking agreement and joint access easements to be created, disclosed by Buy Sell Agreement, dated March 11, 2007, provided to Sterling Title Services. End of Exceptions ALTA Commitment Schedule B - Section li (10/6/82) (45470. P FD14B470110) V1LLAGE 9 4 12 6 � 12 6BI3 r AMD H�WTHD N 61 r H HAVJTNaR 2MA Ei3T I SING CT MONTANA POWER ADD), WEST III H WTHDRl�+rE�T IIaRNT � 2 K �dAto 2a 3 G B ,SUS ILEE CT L 2M i� d a ti T $A TO ,� 7A 5 CEA 9.►, ,� TETCN sT HI5 SKETCH IS FUR ISHED FOR �° 7 ¢ ,A w 0 1Cv1A LAN4 i 1`4 AMD I FORMATIO PURP SES ONLY TO ASSIST IN , 2 3 4 8 � :l LS r }7 1 � 2A A D 5 2B ROPERTY L CATION WITH REFERENCE TO p FAT V1 a 1 90 6 1 TREETS ANT U I HER PARCELS, NO �o JADE AS TO ACCURACY �����`��°"T A uN�3URsT CT �' ND SqRLI G INTO-E SERVICES ASSUMES $ SK3 3 1�g 1� ,E, 17A OR AN LOSS OCCURRING BY 7 8 9 � � 12 4 3 me � A A ,eh 5cc STUBBS ASO F L� LIANC THEREON. � R H 0 [`i � ©FACIE �T 2 1 s ,�, AQa. 613 ::A� 2PA8 2FAA $ 5 4 2 1 r m VI IH sG I 5F 6E 5D TWO MILE DRIVE TR X 4 � AMa PLAT Ma PCAT GATEWAY r ARE efl►� aGAA 2CA OF THE w F L2 DP WE TERI_Y POR HI* AMD WEST ADD � KA�..iHPEI.i. " r �K GAT WAY WEST GY P,DR u�i AT EWAY rZ AT Y ADD, 32 1GA r Ada 434 0 EBT • GR2C� Ml� PLAT OF �`� WEST L2 OF THi ���� ��` 2 z A D PI AT OF THE � E kDD 34 MIS PLAT OF Y PORTION I~ GATEWAY [ EST ADD ❑ C° HUSKY STREET Y w t!7 m R 20K 4 AMD PLAT T-AA T.A 1 Y 2CH aFF aF O THE MA RT IG N O 2CE cHf �,-� .( P�- rN �` � � � G TEWAY o WE Ts wBole) 0 iA �p PARK GATEWAY WEST 7D AMa PLAT UNIT � '(FA 6KC TAD � ol✓ L. 2 r � 1 t3I85[7N � CDONALDS AOD C)�A P1 IDD, 462 STANLEY 4 T-1 ,,pC�Ile A ua 228 ADD. #42 6M IBSON IA t�C:) f SJ BH 5HA � ADD � B � CAm � �� d Ia ic IE � m 1 � f S B L.1 &3 IA 71 A GIBS❑ ADDI 1 A lAA CIRCLE K �� ADDO lo?— OZ F--.22. i J .. A Subje \ �roperty —� —M i T—Awm Lu `7 I1 I P-1 tA6 iC I a 1g 1E ... ... VICINITY MAP SCAIE i" = 300' GENESIS DEVELOPMENTS, LLC FINAL PLAT - AMENDED PLAT OF LOT 2 OF WESTBROOK A 2 LOT COMMERCIAL SUBDIVISION ON 4.156 ACRES IN THE B-2 (GENERAL BUSINESS) DISTRICT � FILE# KWP-07-02 PLAT DATE 5/9/07 H:\is\site\kwp07_02. dwg AMENDED PLAT OF PREPARED EY. LOT 2 4F WESTBROOK SIJBDI VISIO JIDCOA EW EERRG 6 AWArr, *r, PC R6" -A ERKKSP( PLS Ali? 3RD AVDx.! EAST }PD na+e, scvn+onn raaR LOCATED IN THE E 1/2 OF THE SE 1/4 OF SECTION 12 T78fl( R22W, PUM 4VE• •1969 PD � R34 FLATHEAD COUNTY, MONTANA �1G KAIISqu f r S"" PREPARED FCR HAE I RC6.N' KUSW A..J+ 6fAi513 LCYEL09t'NTS LLC APRI 2W 60' 589'59't� E 365. l8' 277 9/ LI�(+��„sa A��isl il�Il�l� itilll�llll��u✓ � s O O T m m WF A 1.337 ACRE5 ti W _h '0' 8 A ® c 06'27'14' R = M0.00 v L - 221. 0' w � m a, D o CA m ti D m A lyusv'G' 9FREE N895742 2 a � W 4,5 74' W 8 � o l E C�3 Z , 7 , 15 76.49' N7 JJII11 2� Fl / 0 2319 ACRE5 o � �h 1� = 08'19'12" R - 1970.00 L - 266.07' o yyJJ n; SCALE: A ' O 5 !7 60 W 71 / \s/ • fa^V 5✓8' Rf-ENR AS PER CO.S. AX% 41 FOAM RACROW KE 41 FOMD 52' RE -ERR MTN PIAST.0 su v c P PAWED aRTO+ 5CaS' 0 FOAM W' RE-fWR MTH P 45TC 51.R✓-CM PALMED '737Q5' 6 �� HSH. hY K45WR M CCKRET£ O 5E7' "' X 2P Rf-BAR MTN PLASTIC SWRV-CAP'A4wED RRKRSw 52155' 1011 ALAWS5 CERTIFICATE OF DEDICATICW HE, THE UNDERSIGNED PROPERTY 04VERS, 00 HEREBY CERTIFY THAT PIE HAVE CAUSED TO BE SURVEYED, SfWWDED AND PLATTED INTO LOTS, BLOCKS, STREETS AND ALLEYS, AS S1CW BY TVE PLAT HERETO AANEXEO, THE FaLOJING DESCRIBED LAND W THE CITY OF KALISPELL, TYNTANq, TO -Mr. A TRACT OF LAND LCC4TED IN THE E45T HALF OF THE SOUTHEAST DUARTER OF SECTION 12, TGFNSIdP 28 AURTH, RANGE 22 H£5r, PRINCIPAL nERICNAN, IVNTAAN, AND MOUE PAR TaC4RLY DESCRIBED AS FOLLOJS CaTIENCING AT THE S0JT4<5T COMER OF LOT 2 OF THE PLAT OF WESTBRO K 5 WVISACV, RECORDS OF FLATHEAD 6"" AND MWH POINT l5 THE TRUE PINT OF BEGINNING; THENCE ON AND ALGA: T14E EXTERIOR BOUNDARIES OF SAID PARCEL A, THE FOLLOWAG NINE (9) ca RSES W71554% A D15TAACE OF 378.13 FEET TO A PONT; MB MgW`E, A DISTANCE OF 365.0 FEET TO A PO'NT; "7751'f, A DISTANCE OF W 25 FEET TO A POINT, S59'1278% A DISTANCE OF 70;.49 FEET TO A PONT, S'b35' H, A 0057ANCE OF A64" FEET TO A POINT, 533.42 7'W, A DISTANCE OF 171.67 FEET TO A POINT AND AJIICH POINT 15 IN T14F MIDST OF A CURVE, 5CUT}dWESTERLY ON A CURVE TO T14E LEFT (DELTA . W476, RADIUS . 070.07 FEET AND RADIAL &CARING •-5000476'E), AN ARC LENGTH Of 507g7 FfET TO THE TRUE POINT CF BEGINNING THIS TRACT CCNTAINS 41% ACRES OF LAND AND SUBZCT TO AND TOGETNE'R WITH TWSE EASEMENTS AS Sg0W HEREON AND SL XCT TO AND TOGETHER N1TH ALL APPt4RTEN4NT EASEMENTS OF RECORD. THE ABOVE DESCRIBED TRACT OF LAND 15 TO BE K14A1,N AND DESAGMTED AS WENDED PLAT OF LOT 1 OF WE5TBRaK-';tWW-'VW AND HE FURTHER CERTIFY T144T THE TR4CT5 ARE WTHIN A TASTER PLANWD AREA AND THAT MIWIPAL SERVICES FOR HATER SUPPLY, SEWAGE DISPOSAL. AND SAID HA57C DISPOSAL ARE AVAILABLE TO SAID TRACTS OF LAND, THEREFORE, THESE TRACTS Of LAND ARE fNEMPT FRO`I REVIEW BY THE IVUANA DEPARTMENT OF ENMROM1fNTAL DUALITY PURSUANT TO SECTION 1736.603, A.R.M. WE AL50 WIVE OUR RIGHT TO PROTEST AN 5.1.D. FOR At/SCY STREET 9MD ONE BE PRO 05ED. UTILITY EASEMENT CERTIFICATE THE UNDERSIGNED HEREBY GRANTS UNTO EACH AND EVERY PERSON, FIRM, OR CORPORATAOP, AWETNER PUBLIC OR PRIVATE PROVIDING OR OFFERING TO PROVIDE TELEPWWE, TELEGRAPH, ELECTRIC POKER, 645, CABLE TELEVI5ACN. WATER OR SEWER SERVICE TO THE PUBLIC, THE R61/T TO THE J9fNT USE OF AN EASEMENT FOR THE CCN5TRLCTACk n41NrE94NCE, REPAIR AND REMOVAL OF THEIR LINES AND OTHER FACILITIE5, IN, OVER, UNDER AND ACROSS EACH AREA DE54AMTED ON THIS PLAT AS UTILITY E4SEnfNT5. TO 94VE AND MOD FOREVER. 6£NE5/5 DEVELOPMENTS, L.L.C. Br-------------------- — COUNTY OF FLATHEAD ) 55 STATE OF MOVTANA ) ON T1415 _-__ DAY OF ----- ---- --__-___, 2007 BEFORE PIE, THE UNDERSIGNED, A NOTARY PUBLIC FOR THE STATE OF MOVTANA, PERSLNALLY APPEARED -__-___--_-__-_____ AND KNtA'AV TO ME TO BE -_ --- -__-- -------- OF GENESIS DEVELOPMENTS, L.L.C. AND Af Vx F NAME 15 5L495CRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGED TO ME THAT NE EXECUTED THE SAME FOR 541D C.L.C. IN WITNES5 WHEREOF, 1 HAVE SET MY HAND AND AFFIXED MY NOTARIAL SEAL THE DAY AND YEAR FIRST ABOVE WRITTEN. -1411E5 H li; 57----�-'------- AOTARY PUBLIC FOR THE STATE OF MRMANA RESIDING AT K415PELL, MONTANA MY CO1M155IN EXPIRES 61141,T 77 CERTIFICATE OF CITY COUNCIL WE, PAMELA ASOIEDY, MAYOR FOR THE CITY OF KALISPELL, MGNTANA AND THERESA ANITE, CITY CLERK OF THE CITY OF KALISPELL, MCNTANA D1 HEREBY CERTIFY THAT TH5 9UBOV15KN PLAT 945 BEEN 9"TTTED FOR fXA4n/94TKN AND HAVING FOMD THE 5411E TO CCNFO6"I TO LAW, APPROVES IT, AND HEREBY ACCEPTS THE D£DIATION TO PUBLIC USE OF ANY AND ALL LANDS 9,CW OV THIS PLAT AS BEMG DEDICATED TO SUCH USE. T145--- Lur OF -____------- aV7, AT BY---------- --- CITY CLERK IM YOUR, CITY OF KAL15PELL, MCNTANA CERTIFICATE OF CITY ATTORNEY THIS PLAT H45 BEEN EXAMINED BY THE OFFICE OF THE CITY ATTORNEY ACCORDING TO SECTA51V 76-3412 (2) M.C.A. RELYING UPON TITLE REPORT Nk7.---_--____ AND APPROVED BASED ON INFORMATION SUBMITTED BY THE DEVELOPER AND/OR 14/5 AGENT. OFFICE OF THE CITY ATTORNEY KALISPELL, MOVTANL4 ----'-----__---------- -----------'-------------- DATED BY